Company vs Self Employed

CA
CYAUSE Audit Services Ltd

Contributor

CYAUSE Audit Services Ltd was formed in 2011 in Nicosia, Cyprus by Mr Kyriakos Tramountanellis. CYAUSE Audit Services Ltd managed to provide continuously a full spectrum of services to its international and local clientele, from offshore and onshore incorporation and licensing of investment firms to accounting, audit and tax services to local and international entities and groups.
If you want to establish a business in Cyprus, you have two choices of doing so. Either individually or by setting up a company. If you decide to trade as a physical person...
Cyprus Corporate/Commercial Law
To print this article, all you need is to be registered or login on Mondaq.com.

How does it work?

If you want to establish a business in Cyprus, you have two choices of doing so. Either individually or by setting up a company. If you decide to trade as a physical person, then you will be called a "self-employed" person. If, however you decide to trade via a company then you will either be the director of that company and /or the shareholder of the company as well. We will explain the differences below. It is important to understand that a self-employed person trades using himself / herself as the business vehicle whilst a person who uses a company uses a company to contact the business for himself / herself.

SELF EMPLOYED PERSON - WHAT DOES IT MEAN?

A self-employed person is an individual who contacts any business directly; i.e. without using a company.

A self-employed person can be and effectively must be:

  • VAT Registered
  • Income Tax Registered
  • An employer
  • Do what the company does
  • And many more.

So why isn't everyone trading as a self-employed person? For two main reasons:

  • Legal Protection
  • Tax Purposes

To fully understand these two reasons, we must firstly understand what the company stands for.

1312666a.jpg

COMPANY - WHAT DOES IT MEAN?

A company is a separate legal entity from the individual who owns it (i.e. the shareholder) therefore under the "eyes" of law the company is responsible for the below and NOT the person who owns it.

Company is responsible for:

  • VAT compliance
  • Income Tax compliance
  • Registrar compliance
  • Social Insurance Compliance
  • Litigation, trade law etc.

1312666b.jpg

So effectively the company stands as a shield in front of its owners and it is the legal vehicle which represents its owners, directors and trade business. The law and local governmental departments will know and hold accountable this legal vehicle and not its owners (some exemptions apply).

In addition, a company offers the flexibility to:

  • Raise capital
  • Increase the number of shareholders
  • Have other people responsible for running the business
  • Be licensed (certain bodies do not license individuals)
  • And many more.

Conclusion:

The main difference between a self-employed person and a company is the legal framework that could protect the owners of the company and the taxation which varies as follows:

Both the company and the self-employed person are taxed on their taxable profits (not turnover) but the Company is being taxed at a flat Corporation Tax Rate of 12.5% whilst the self- employed person at the income tax rate brackets outlined below:

FROM (€) FROM (€) TAX
0 19,500 0%
19,500 28,000 20%
28,000 36,300 25%
36,300 60,000 30%
over 60,000 35%


COMPANY VS SELF EMPLOYED - SUMMARY OF DIFFERENCES

Main differences between a company and a self-employed persons

Responsibility against the law

The company and its directors and not the owners of the company are liable in the event of wrong doing with any of the authorities. In the event of the self-employed person, this person is fully liable against the law.

Taxation

A company pays less taxation than a self-employed individual if its taxable profit is between: Euro 30,000 - Euro 60,000.

Filing Requirements

A self-employed person may have as much filing requirements as a company if its turnover exceeds Euro 70,000.

This is because audited financial statements should accompany the self-employed person's tax return which is a requirement for all Cyprus companies.

Different Social Insurance Payments

A company has employees and pays on top of its salaries 11.5% for Employers' Social Insurance. The self-employed person has the same but the individual himself also pays social insurances quarterly at predetermined tax rates.

Ownership

The company can easily be owned by various parties via the introduction of share issue of capital, a simple and fast process. On the contrary the self-employed person cannot have new owners. Rather if there is such a need a partnership or a company must be formed to cover this gap.

USEFUL INFORMATION

PAYROLL CALCULATORS

Use Cyprus Payroll Calculators:

Other Useful Calculators:

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More